231
THE STATUTE LAW (MISCELLANEOUS
AMENDMENTS) ACT 1968
No.8 of 1968
Date of Assent: 6th February 1968
Date of Commencement: 16th February 1968
An Act of Parliament to make minor amendments to the
stBtute law
ENACTED by the Parliament of Kenya, as follows:1. This Act may be cited as
(Miscel.laneous Amendments) Act 1968.
the
Statute
Law
2. The several written laws specified in the first column
of the Schedule of this Act are hereby amended, in relation to
the provisions thereof specified in the second column of that
Schedule, in the manner specified in relation thereto in the
third column of that Schedule.
Sbort title.
Amendment of
wrilten laws.
SCHEDULE
Written law
The Indian Acts
(Amendments) Act (Cap. 2
(s. 2)
Provision
A mendmenl
s. 9
Delete.
s. 41
Delete <I, graduated according t
and nationality,".
The Interpretation and
General Provisions Act
(Cap. 2).
s. 39
DeJete.
The Appenate Jurisdiction
Act (Cap. 9).
s . 8 (1)
Replace ", with the concurrenc.e of" with
"after consultation with".
The Advoca tes Act
s. 3 (1)
Delete paragrapb (c), and substitute-
(1948)).
The Civil Procedure Act
(Cap. 5 (1948)).
(Cap.
16).
race
(c) the Solicitor-General, or a person
deputed
General;.
s. 10 (1)
by
the
Attorney-
Rep:ace "Chief Justice" with "AttorneyGeneral": replace "any person who has
been called to or within the Bar in the
United Kingdom" with "a practitioner
who is entitled to appear before the
superior courts of a Commonwealth
country".
232
Statute Law (Miscellaneous AlIlcndrnents)
1968
SCHEDULE-{Contd.)
Written 'ali'
The Penal Code (Cap. 63).
Provision
s. 81 (1)
s. 144 (2)
Tbe Crim.inal Procedure
Code (Cap. 75).
s. 2
The Evidence Act (Cap. 80).
s. 265 (1)
s . 33
The Prisons Act (Cap. 90).
s. 46
Amendment
Replace "magistrate, or, in his absence"
with "administrative officer or magis·
trate, or i 0 their absence".
Replace
"sixteen"
with
"fourteen"
throughout.
Jnsert in its alpbabetical position a new
definition as follows"Registrar of the High Court"
includes a Deputy Registrar of the
High Court and a District Registrar
of the Hjgb Court;.
Delete ·'male".
I nsert "or whose attendance cannot be
procured" after "incapable of giving
evidence".
Insert after subsection (3)(3A) A prisoner may be deprived of
remission(a) where
the Commissioner considers that it is in the interests
of the reformation and rehabilitation of the prisoner;
for the time
being responsible for internal
security considers that it is in
the interests of public security
or public order.
(b) where the Minister
The Detention Camps Act
(Cap. 91).
s. 47
Add at the end(7) The Commissioner may vary a
compulsory supervision order, and if
he considers that a person subject to a
compulsory supervision order should
be freed from all liability under tbis
Act he may cancel the order, and the
person shall thereupon be free from
aU such liabiJity.
s. 15
Replace withSections 11, 14,18, 19,20,21,22,
26, 29, 30, 38, 45, 50, 51, 52, 53, 54.
55, 56, 57, 58, 59, 60, 61, 62, 63, 64,
65, 70, 7 t, 72 and 73 of the Prisons
Act sball app1y and be read as part
of this Act as if there were substituted
for the words "prison \. and "prisoner",
wherever they appear tberejn, tbe
words "detention camp" and "detainee" respectively .
233
1968
No.8
Statute Law (Miscellaneous Amendments)
SCHBDULB-{Contd.)
W,itt~n
law
Amendment
Provision
s. 3 (2)
Insert ", a person appointed by the
Minister for the time being responsible
for finance" after "Min..istry".
s. 3 (3)
Replace with(3) Appointed members of the
Corporation shall each hold otnce for a
period of three years or such longer
period as the appointing Minister may
think fit, but an appointment may be
cancelled at any time by the Minister
who made it.
The African Liquor Act
(Cap. 122).
s. 34 (3)
Delete "of the Government" in paragraph 0) of the proviso; replace
"Tribal" in paragraph (iv) of the proviso with "Administration".
The Marriage Act
(Cap. 150).
s. 5
Replace subsection (2) with(2) The Minister may appoint a
registrar of marriages for any foreign
country or place, and may appoint a
deputy to any such registrar to act in
the absence or during the illness or
incapacity of the registrar, being in
ei ther case--
Lhe Housing Act (Cap. t 17).
(0) a consular officer or public officer
s . 38c
The Pharmacy a.nd Poisons
Act (Cap. 244).
s. 2
residing in that country or place;
or
(b) where there is no such officer, any
public officer.
Add at the eodProvided that the registrar may dis·
pense with the attendance of a party
where in his opinion the circumstances
justify it.
Delete the
officer".
definition
of
"authorized
Insert in their alphabetical positioIli
the following new definitions"authorized officer" means
the
registrar, a medical officer, an inspector
of drugs, an administrative officer or
a police officer not below the ra nk of
Sub-Inspector;
"Inspector of Drugs" means a
person appointed to the public office
of that name;.
234
No.8
Statute Law (Miscellaneous Amendments)
1968
SCHEDULE-(Contd.)
Written Jaw
Provision
A mendmeflf
The Agriculture Act
(Cap. 318).
s. 190
Delete "(not being a scheduled crop)".
The Crop Production and
Livestock Act
(Cap . 321) .
s. 4 (l)
Delete "(other tban maize and maize
products)" in paragraph (a).
Insert after paragraph (ha)(hb) limiting the area of land on wbich
persons may plant crops or particular crops or particular types of
a crop, whether by reference to
their past production or otherwise;.
The Branuing of Stock Act
(Cap. 357).
The Kenya Meat Commission
Act (Cap. 363).
s. 13 (2)
Replace >'six
months",
s. 15
Delete.
s. 8 (I)
Replace the proviso with-
(b)
months"
with
"three
Provided that tbe Commission in
carrying on the business of butchers on
a Wholesale basis, may not seU meat
except to(i) a retailer for the purpose of resale; or
(u) a hospital, hotel, boarding-house
restaurant, school or club; or
(ijj) a person buying in quantities of
not less than two thousand
pounds in weight in anyone
week or in quantities of not
less than twenty-five thousand
pounds in weight in anyone
year.
The Traffic Act (Cap. 403).
s. 120
Insert "or of any subsidiary legislation
made thereunder" after "provisions of
this Act",
The Transport Licensing Act
s. 19 (2)
Replace "the Minister may appoint an
Appeal Tribunal (hereinafter referred
to as the Tribunal) consisting of such
persons, not exceeding five, as he may
determine", with "there shall be a
Transport Licensing Appeal Tribunal
(hereinafter
referred
to
as
the
Tribunal), consisting of a chairman
appointed by the President and four
other members appointed by the
Minister",
(Cap. 404).
235
1968
No.8
Statute Law (Miscellaneous Amendm.ents)
SCHEDULE-(Con/d.)
The National Parks of Keaya
Act (Cap. 471).
s. 2
Replace the defio.ition ot "oational
reserve" with the following"land" includes land covered by sea
or other water;
"national reserve" means any area
of land, whether contiguous to a
national park or not, over or in respect
of which the trustees ba ve been
granted, by the competent authority,
complete or partial control or certain
specific rights.
Delete paragrapb (b) of the definition of
"competent authority".
s. 3
Replace the proviso to
with-
sub ' ~ction
(1)
Provided tbat(i) if the competent authority witbholds consent to the making of
the order it shall not be made
except with the approval of the
National Assembly; and
(i:i)
if the land is Trust land, the
order shall not be made until
the land has been set apart
under section 209 of the
Constitution.
Delete subsection (2).
The Central Road Authority
Act 1964 (No. 24 of 1964).
s. 3 (1)
(d)
Replace with-
The Betting. Lotteries and
Gaming Act 1966
(No.9 of 1966).
s. 21
Insert after subsection (2) a new subsection as follows(2A) Any person, other than the
boluer of valid principal agent's
licence, who takes or sends out of
Kenya (whether by post or otherwise)
moo.e y or money's worth or any
coupon, in connexion with any pool
betting scheme authorized
under
section 22 of this Act shall be guilty
of an offence and liable to a fine not
exceeding three thousand shillings or
to imprisonment for a term Dot exceeding three months, or to botb such fine
and such imprisonment.
(d) a member representing each province appointed by the President;.
236
No.8
Statute Law (MisceLLaneous Amendments)
1968
SCHEDULE-(Contd.)
Th e G ra duated Per onal Tax
Act 1966 (No. 38 of 1966).
s. 15 (2)
Delete "in the case of a municipality, or
a District Commissioner in the case of
a county,".
The Judicature Act 1967
(N o . 16 of 1967).
Schedule
Replace "the Evidence Act 1951" with
"the Evidence Act ] 851 ".
The Magistrate's Courts Act
: 967 (No. 17 of 1967).
2nd Sch.)
para. 1
Insert after subparagraph (2)(2A) Wbere, immediately before the
commencement of this Act, a person
had a right to appeal, or to apply for
leave to appeal out of time, in respecl
of proceedings instituted in an African
court or in any court tben subordinate
to the High Court, he shaU be entitled
to exercise that right (in accordance
with subparagraph (2) of tbis para graph) at any time within six weeks
after the commencement of the Statute
Law (Miscellaneous Amendments) (No.
3) Act 1968.
(2B) Every sentence, decree or order
passed 0(" made before the commencement of this Act by an African court
or a court tben subordinate to High
Court, and enforceable immedjately
before such commencement, shall be
enforceable as though it had been
passed or made by the corresponding
court established by this Act.
In
subparagraph (4) delete "subparagraphs (1), (2) and (3) of",